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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 1105

Citation
Section 1105
Parent Document
Mobil Oil Credit Corp. v. DST Realty, Inc., 689 S.W.2d 658 (1985)
Jurisdiction
Missouri (state)
Effective Date
1985-02-05

Full Text

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Such a position is obviously unfair because it would give plaintiff a better, fully reconstructed building than the lease, the life of which improvements would extend far beyond the defendant’s remaining term of less than eight years. It would become far superior to its condition at the date of the lease. By the express terms of the agreement, defendant’s obligation was only to keep it in its lease-date condition. It had taken over 30 years for the building to reach its present dilapidated state. Patching was no longer feasible for major items; reasonable wear and tear had taken its toll. The leasehold is worthless if the lessee cannot occupy the premises. See, Restatement, supra, Section 12.2 comment e.